Regulated Navigation Area; Youngs Bay PacifiCorp Sediment Cap; Youngs Bay, Columbia River, Astoria, OR, 74814-74817 [2012-30409]
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74814
Federal Register / Vol. 77, No. 243 / Tuesday, December 18, 2012 / Proposed Rules
the actions that led to an underpayment
of tax by Corporation. Individual B
submitted to the IRS the information
received from Individual A, alleging
that Corporation owed additional taxes
and filing a claim for award under
section 7623. The IRS proceeded with
an examination of Corporation based on
the information provided by Individual
B, determined a deficiency against
Corporation and, ultimately, collected
proceeds from Corporation. For
purposes of determining the amount of
any award payable to Individual B, as
the individual that filed the claim for
award, the Whistleblower Office may
treat the claim as if it had been filed by
Individual A.
(5) Multiple claimants. If two or more
independent claims relate to the same
collected proceeds, then the
Whistleblower Office may evaluate the
contribution of each individual to the
action(s) that resulted in collected
proceeds. The Whistleblower Office will
determine whether the information
submitted by each individual would
have been obtained by the IRS as a
result of the information previously
submitted by any other individual. If the
Whistleblower Office determines that
multiple individuals submitted
information that would not have been
obtained based on a prior submission,
then the Whistleblower Office will
determine the amount of each
individual’s award based on the extent
to which each individual contributed to
the action(s). The aggregate award
amount in cases involving two or more
independent claims that relate to the
same collected proceeds will not exceed
the maximum award amount that could
have resulted under section 7623(b)(1)
or section 7623(b)(2), as applicable,
subject to the award reduction
provisions of section 7623(b)(3), if a
single claim had been submitted.
(d) Payment of Award—(1) In general.
The IRS will pay any award determined
under section 7623 and §§ 301.7623–1
through 301.7623–4 to the individual(s)
that filed the corresponding claim for
award. Payment of an award will be
made as promptly as the circumstances
permit, but not until there has been a
final determination of tax with respect
to the action(s), as defined in paragraph
(d)(2) of this section, the Whistleblower
Office has determined the award, and
all appeals of the Whistleblower Office’s
determination are final or the individual
has executed an award consent form
agreeing to the amount of the award and
waiving the individual’s right to appeal
the determination.
(2) Final determination of tax. For
purposes of §§ 301.7623–1 through
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301.7623–4, a final determination of tax
means that the proceeds resulting from
the action(s) subject to the award
determination have been collected and
either the statutory period for filing a
claim for refund has expired or the
taxpayer(s) subject to the action(s) and
the IRS have agreed with finality to the
tax or other liabilities for the period(s)
at issue and the taxpayer(s) have waived
the right to file a claim for refund.
(3) Joint Claimants. If multiple
individuals jointly submit a claim for
award, the IRS will pay any award in
equal shares to the joint claimants
unless the joint claimants specify a
different allocation in a written
agreement, signed by all the joint
claimants and notarized, and submitted
with the claim for award. The aggregate
award payment in cases involving joint
claimants will be within the award
percentage range of section 7623(b)(1) or
section 7623(b)(2), as applicable, and
subject to the award reduction
provisions of section 7623(b)(3).
(4) Deceased Claimant. If a claimant
dies before or during the whistleblower
administrative proceeding, the
Whistleblower Office will substitute an
executor, administrator, or other legal
representative on behalf of the deceased
claimant for purposes of conducting the
whistleblower administrative
proceeding.
(5) Tax treatment of award. All
awards are subject to current Federal tax
reporting and withholding
requirements.
(e) Effective/applicability date. When
finalized, § 301.7623–4 is proposed to
apply to information submitted on or
after the date of publication of the
Treasury decision adopting these rules
as final regulations in the Federal
Register and to claims for award under
section 7623(b) that are open as of the
date of publication of the Treasury
decision adopting these rules as final
regulations in the Federal Register.
Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2012–30512 Filed 12–14–12; 4:15 pm]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0590]
RIN 1625–AA11
Regulated Navigation Area; Youngs
Bay PacifiCorp Sediment Cap; Youngs
Bay, Columbia River, Astoria, OR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes the
establishment of a Regulated Navigation
Area (RNA) at the Youngs Bay
PacifiCorp property in Astoria, OR. This
RNA is necessary to preserve the
integrity of an engineered sediment cap
as part of an Oregon Department of
Environmental Quality (DEQ) required
remedial action. This proposed RNA
will do so by prohibiting activities that
could disturb or damage the engineered
sediment cap.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 18, 2013.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0590 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is (202)
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email ENS Ian P. McPhillips, Waterways
Management Division, Marine Safety
Unit Portland, U.S. Coast Guard;
telephone (503) 240–9319, email
msupdxwwm@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2012–0590] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number [USCG–2012–0590] in
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the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
C. Discussion of Proposed Rule
3. Privacy Act
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Basis and Purpose
The Coast Guard proposes a Regulated
Navigation Area (RNA) to protect the
engineered sediment cap currently in
place located at the PacifiCorp site in
Youngs Bay, Astoria, OR. This sediment
cap is part of an Oregon Department of
Environmental Quality (DEQ) required
remedial action. This regulated
navigation area is based on the Coast
Guard District Commander’s authority
under 33 CFR 165.11 to regulate vessel
traffic in areas with hazardous
conditions.
The engineered sediment cap is
designed to be compatible with normal
port operations, but could be damaged
by other maritime activities including
anchoring, dragging, dredging,
grounding of large vessels, deployment
of barge spuds, etc. Such damage could
disrupt the function or impact the
effectiveness of the cap to contain the
underlying contaminated sediment and
shoreline soil in these areas. Disruption
of the cap may result in a hazardous
condition and harm to the marine
environment. As such, this RNA is
necessary to help ensure the cap is
protected and will do so by prohibiting
maritime activities that could disturb or
damage it.
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The proposed rule would create a
RNA adjacent to the PacifiCorp Property
in Youngs Bay, Astoria, OR
encompassing all waters above the
sediment cap, and it would prohibit
activities such as anchoring, dragging,
dredging, or trawling which could
damage the sediment cap.
D. Regulatory Analyses
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
orders. The Coast Guard has made this
determination based on the fact that the
RNA is limited in size and will not limit
vessels from transiting or using the
waters covered, except for activities that
may damage the engineered sediment
cap.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities. However, this
proposed rule may affect the following
entities, some of which might be small
entities: The owners or operators of
vessels operating in the area covered by
the RNA. The RNA will not have a
significant economic impact on a
substantial number of small entities,
because the RNA is limited in size and
will not limit vessels from transiting or
using the waters covered, except for
activities such as anchoring, dragging,
or grounding that may damage the
engineered sediment cap.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
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qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it does
not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the ‘‘FOR FURTHER
INFORMATION CONTACT’’ section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
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the human environment. This proposed
rule involves the creation of a Regulated
Navigation Area (RNA) to protect an
engineered sediment cap. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
preliminary environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub.
L. 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.1338 to read as follows:
§ 165.1338 Regulated Navigation Area;
Youngs Bay PacifiCorp Sediment Cap;
Columbia River, Youngs Bay, Astoria, OR.
(a) Regulated Navigation Area. All
waters encompassed within the
following points are a regulated
navigation area:
Latitude
46–10′17.21″
46–10′15.09″
46–10′13.50″
46–10′13.07″
46–10′13.45″
46–10′14.94″
46–10′18.13″
46–10′18.13″
46–10′19.51″
46–10′19.51″
46–10′17.31″
46–10′17.21″
N
N
N
N
N
N
N
N
N
N
N
N
Longitude
123–50′35.37″
123–50′33.39″
123–50′33.41″
123–50′31.79″
123–50′30.06″
123–50′28.79″
123–50′28.89″
123–50′30.22″
123–50′30.90″
123–50′31.77″
123–50′31.79″
123–50′35.37″
W
W
W
W
W
W
W
W
W
W
W
W
(b) Regulations. All vessels are
prohibited from anchoring, dragging,
dredging, or trawling in the regulated
navigation area established by this
section. See 33 CFR 165 subpart B for
additional information and
requirements.
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Dated: November 27, 2012.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2012–30409 Filed 12–17–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0502; FRL–9763–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; Disapproval of PM2.5
Permitting Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to
disapprove a revision to Wisconsin’s
State Implementation Plan (SIP)
submitted by the Wisconsin Department
of Natural Resources (WDNR) in a letter
dated May 12, 2011. The revision
concerns permitting requirements
relating to particulate matter of less than
2.5 micrometers (PM2.5). EPA is
proposing to disapprove the revisions
because they do not meet the 2008 PM2.5
SIP requirements.
DATES: Comments must be received on
or before January 17, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2011–0502, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: damico.genevieve@epa.gov.
3. Fax: (312) 385–5501.
4. Mail: Genevieve Damico, Chief, Air
Permits Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico,
Chief, Air Permits Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2011–
0502. EPA’s policy is that all comments
received will be included in the public
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SUMMARY:
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docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional instructions
on submitting comments, go to Section
I of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Andrea
Morgan, Environmental Engineer, at
(312) 353–6058 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Andrea Morgan, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
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Chicago, Illinois 60604, (312) 353–6058,
morgan.andrea@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What should I consider as I prepare my
comments for EPA?
II. The State’s Submittal
III. Does this submittal comply with Federal
regulations?
IV. What action is EPA taking on this
submittal?
V. Statutory and Executive Order Reviews
I. What should I consider as I prepare
my comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
II. The State’s Submittal
In May 2008, EPA finalized
regulations to implement the New
Source Review (NSR) Implementation
Rule for PM2.5 to include the major
source threshold, significant emissions
rate and offset ratios for PM2.5,
interpollutant trading for offsets and
applicability of NSR to PM2.5 precursors.
On October 20, 2010, EPA amended the
requirements for PM2.5 under the
Prevention of Significant Deterioration
(PSD) program by adding maximum
allowable increase in ambient pollutant
concentrations and screening tools
known as the Significant Impact Levels
and Significant Monitoring
Concentration (SMC) for PM2.5.
On May 12, 2011, Wisconsin
requested a revision to its SIP to include
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]]>Agencies
[Federal Register Volume 77, Number 243 (Tuesday, December 18, 2012)]
[Proposed Rules]
[Pages 74814-74817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30409]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0590]
RIN 1625-AA11
Regulated Navigation Area; Youngs Bay PacifiCorp Sediment Cap;
Youngs Bay, Columbia River, Astoria, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes the establishment of a Regulated
Navigation Area (RNA) at the Youngs Bay PacifiCorp property in Astoria,
OR. This RNA is necessary to preserve the integrity of an engineered
sediment cap as part of an Oregon Department of Environmental Quality
(DEQ) required remedial action. This proposed RNA will do so by
prohibiting activities that could disturb or damage the engineered
sediment cap.
DATES: Comments and related material must be received by the Coast
Guard on or before March 18, 2013.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0590 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is (202) 366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email ENS Ian P. McPhillips, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast Guard; telephone (503) 240-
9319, email msupdxwwm@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 74815]]
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2012-0590] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number [USCG-2012-0590] in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Basis and Purpose
The Coast Guard proposes a Regulated Navigation Area (RNA) to
protect the engineered sediment cap currently in place located at the
PacifiCorp site in Youngs Bay, Astoria, OR. This sediment cap is part
of an Oregon Department of Environmental Quality (DEQ) required
remedial action. This regulated navigation area is based on the Coast
Guard District Commander's authority under 33 CFR 165.11 to regulate
vessel traffic in areas with hazardous conditions.
The engineered sediment cap is designed to be compatible with
normal port operations, but could be damaged by other maritime
activities including anchoring, dragging, dredging, grounding of large
vessels, deployment of barge spuds, etc. Such damage could disrupt the
function or impact the effectiveness of the cap to contain the
underlying contaminated sediment and shoreline soil in these areas.
Disruption of the cap may result in a hazardous condition and harm to
the marine environment. As such, this RNA is necessary to help ensure
the cap is protected and will do so by prohibiting maritime activities
that could disturb or damage it.
C. Discussion of Proposed Rule
The proposed rule would create a RNA adjacent to the PacifiCorp
Property in Youngs Bay, Astoria, OR encompassing all waters above the
sediment cap, and it would prohibit activities such as anchoring,
dragging, dredging, or trawling which could damage the sediment cap.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those orders. The Coast Guard has made
this determination based on the fact that the RNA is limited in size
and will not limit vessels from transiting or using the waters covered,
except for activities that may damage the engineered sediment cap.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. However, this proposed rule may affect the following
entities, some of which might be small entities: The owners or
operators of vessels operating in the area covered by the RNA. The RNA
will not have a significant economic impact on a substantial number of
small entities, because the RNA is limited in size and will not limit
vessels from transiting or using the waters covered, except for
activities such as anchoring, dragging, or grounding that may damage
the engineered sediment cap.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it
[[Page 74816]]
qualifies and how and to what degree this rule would economically
affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``FOR FURTHER
INFORMATION CONTACT'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves the creation of a Regulated Navigation Area (RNA) to protect
an engineered sediment cap. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.1338 to read as follows:
Sec. 165.1338 Regulated Navigation Area; Youngs Bay PacifiCorp
Sediment Cap; Columbia River, Youngs Bay, Astoria, OR.
(a) Regulated Navigation Area. All waters encompassed within the
following points are a regulated navigation area:
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Latitude Longitude
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46-10'17.21'' N 123-50'35.37'' W
46-10'15.09'' N 123-50'33.39'' W
46-10'13.50'' N 123-50'33.41'' W
46-10'13.07'' N 123-50'31.79'' W
46-10'13.45'' N 123-50'30.06'' W
46-10'14.94'' N 123-50'28.79'' W
46-10'18.13'' N 123-50'28.89'' W
46-10'18.13'' N 123-50'30.22'' W
46-10'19.51'' N 123-50'30.90'' W
46-10'19.51'' N 123-50'31.77'' W
46-10'17.31'' N 123-50'31.79'' W
46-10'17.21'' N 123-50'35.37'' W
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(b) Regulations. All vessels are prohibited from anchoring,
dragging, dredging, or trawling in the regulated navigation area
established by this section. See 33 CFR 165 subpart B for additional
information and requirements.
[[Page 74817]]
Dated: November 27, 2012.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2012-30409 Filed 12-17-12; 8:45 am]
BILLING CODE 9110-04-P
